Cold Blast Transp. Co. v. Kansas City Bolt & Nut Co.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Kansas. This writ of error challenges a judgment on the pleadings in favor of the defendant in error, who was the plaintiff in the court below. For convenience, the plaintiff in error will be called the “defendant,” and the defendant in error the “plaintiff,” in this statement, and in the opinion which follows it.
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In Error to the Circuit Court of the United States for the District of Kansas. This writ of error challenges a judgment on the pleadings in favor of the defendant in error, who was the plaintiff in the court below. For convenience, the plaintiff in error will be called the “defendant,” and the defendant in error the “plaintiff,” in this statement, and in the opinion which follows it. The plaintiff’s petition stated a cause of action upon a verified account for $5,573.43. The defendant in its answer denied the averments of the petition, and pleaded a counterclaim for $5,341.94 damages for the…
1Opinion of the CourtSanborn, Circuit Judge
The main question in this case is whether or not the answer states a legal counterclaim. The basis of this counterclaim is that the plaintiff failed to deliver nuts, bolts, and bars between June i, 1899, and December 1, 1899, under the alleged renewal of the so-called contract of October 27, 1898. This supposed contract consisted of a written offer to deliver manufactured articles in unnamed quantities at certain specific prices at any time between October 27, 1898, and June 1, 1899, and the acceptance of that offer, without more. The answer contains no averment that either the plaintiff or…
2Cases cited19 opinions
- Vogel v. PekocIllinois Supreme Court · 1895
- Wells v. . AlexandreNew York Court of Appeals · 1891
- Crane v. C. Crane & Co.Court of Appeals for the Seventh Circuit · 1901
- Davie v. Lumberman's Mining Co.Michigan Supreme Court · 1892
- Campbell v. A. Lambert & Co.Supreme Court of Louisiana · 1884
14 more not listed; retrieve them via the Exa API.
3Cited by142 opinions
- Willard, Sutherland & Co. v. United StatesSupreme Court of the United States · 1923
- E. I. Du Pont De Nemours & Co. v. Claiborne-Reno Co.Court of Appeals for the Eighth Circuit · 1933
- Kolachny v. GalbreathSupreme Court of Oklahoma · 1910
- United States v. Ninety-Nine DiamondsCourt of Appeals for the Eighth Circuit · 1905
- Silver King Coalition Mines Co. of Nevada v. Silver King Consol. Mining Co. of UtahCourt of Appeals for the Eighth Circuit · 1913
137 more not listed; retrieve them via the Exa API.